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Anyone who has ever practiced employment law knows the score. If you settle a case but keep the claimant in your employment you need an NDA: because without it you are a sitting duck for a victimisation claim if the claimant makes the settlement public and then fails to get a post or a promotion: s/he can claim that everyone in the business is fixed with knowledge of the protected act of bringing the previous claim.

A claimant who is settling in good faith will agree to an NDA. A claimant who does not agree to an NDA is not settling in good faith.

I remember one claimant who wanted her account of the claim published in her words in the staff magazine. I advised the client not to agree to that, and they followed my advice, and my advice was right. Anyone disagree and why?

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